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#121 How Do They Get Paid? The FTC's Use of Monetary Relief for Deterrence and Compensation

Our Curious Amalgam

Release Date: 06/28/2021

#343 FTC v. DOJ: Who Wore It Better? show art #343 FTC v. DOJ: Who Wore It Better?

Our Curious Amalgam

Why does the U.S. have two antitrust enforcement agencies—and how do they really differ in practice? In this episode, Puja Patel and Barry Nigro are joined by Debbie Majoras, former FTC Chair and former Deputy Assistant Attorney General at the DOJ Antitrust Division, to explore the procedural, cultural, and strategic distinctions between the FTC and DOJ. From procedural standards to enforcement style, merger review processes, and even remedy structures, Debbie reflects on her leadership experience at both agencies and offers practical insights for practitioners navigating the divide. Tune in...

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#342 Can Antitrust Be More Innovation-Centric? An Economic Conversation With Professor Richard Gilbert show art #342 Can Antitrust Be More Innovation-Centric? An Economic Conversation With Professor Richard Gilbert

Our Curious Amalgam

Innovation is central to long-term economic welfare and deserves greater emphasis in antitrust policy. But can U.S. antitrust law be reshaped to be more innovation-centric? Professor Richard Gilbert joins hosts Anora Wang and Panos Dimitrellos to examine the relationship between competition and innovation, how agencies and courts have recently treated innovation, and practical tools for assessing innovation effects in mergers and conduct cases. Listen to this episode to learn more about navigating the shift toward an innovation-centric antitrust regime, the empirical methods that can reveal...

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#341 How Should Killer Acquisitions Be Assessed? A Discussion With Professor Nicolas Petit show art #341 How Should Killer Acquisitions Be Assessed? A Discussion With Professor Nicolas Petit

Our Curious Amalgam

Merger control regulators in the EU and around the world continue to focus on killer acquisitions. But is this concern justified in the digital sector? Professor Nicolas Petit, a leading competition law academic, joins Matthew Hall and Blair Matthews to discuss the Antitrust Law Journal article on the subject he co-authored and killer acquisitions generally. Listen to this episode to learn more about the methodology behind and findings in the paper and why the concerns on this issue may not be justified. With special guest: Professor Nicolas Petit, Professor, European University Institute;...

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#340 How Do You Win (and Not Lose) a Merger Trial? show art #340 How Do You Win (and Not Lose) a Merger Trial?

Our Curious Amalgam

Merger litigation is fast, high-stakes, and often unpredictable. So what does it take to win—or avoid losing—when the government challenges a deal? In this episode, Puja Patel and James Hunsberger are joined by Kieran Gostin, a partner at Wilkinson Stekloff and a seasoned merger trial lawyer who helped Microsoft defeat the FTC in its challenge to the Activision acquisition. From trial preparation strategy to expert witness credibility, internal documents versus economic modeling, and real-world lessons from Microsoft/Activision, the conversation covers both foundational insights and...

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#339 How Do Presidents Shape Antitrust? The Oval Office and the Enforcement Pendulum show art #339 How Do Presidents Shape Antitrust? The Oval Office and the Enforcement Pendulum

Our Curious Amalgam

Antitrust enforcement can change dramatically between Presidential administrations. What makes the political winds flip between more and less enforcement? In this episode, former Deputy Assistant Attorney General Michael Kades joins hosts Anant Raut and Anna Olson to step back and draw insightful themes from the history of antitrust enforcement across Presidential administrations. With special guest: Michael Kades, Partner, Nachawati Law Group Hosted by: Anant Raut and Anna Olson

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#338 How Clean Are Your Claims? Understanding the New Anti-Greenwashing Amendments to Canada’s Competition Act show art #338 How Clean Are Your Claims? Understanding the New Anti-Greenwashing Amendments to Canada’s Competition Act

Our Curious Amalgam

Among the recent amendments to Canada's Competition Act are new provisions targeting so-called “greenwashing,” i.e., misleading claims in advertising regarding the environmental benefits of a product. In a related development, the Competition Bureau has issued guidelines concerning its enforcement approach to environmental claims under the new law. What will be the impact of the changes on companies and consumers? In this episode, Alicia Downey and Anora Wang talk to Canadian consumer protection lawyer Candice Kloes about the amendments, the guidelines, and the increased risks and...

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#337 What Are the Risks of a Minority Shareholding? The European Commission’s Decision in Delivery Hero/Glovo show art #337 What Are the Risks of a Minority Shareholding? The European Commission’s Decision in Delivery Hero/Glovo

Our Curious Amalgam

In June 2025, the European Commission announced a decision under which it fined two competing online food delivery companies a combined total of €329 million for cartel behaviour that took place while one company held a minority stake in the other company. The infringing behaviour included, among other things, exchanging competitively sensitive information “beyond what was needed for a corporate investor to protect a financial investment decision.” Does the Delivery Hero/Glovo decision suggest that minority shareholdings may be subject to stricter scrutiny going forward? Hosts Matthew...

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#336 What Are the Risks of Serial Acquisitions? Empirical Evidence From the Dialysis Industry show art #336 What Are the Risks of Serial Acquisitions? Empirical Evidence From the Dialysis Industry

Our Curious Amalgam

There is a growing interest in understanding the economics of serial acquisitions, particularly in the healthcare industries and markets, and whether such corporate strategies lead to changes in prices and quality causing antitrust concerns. What has been found in existing economic studies? Paul Eliason, Assistant Professor of Economics at Brigham Young University and co-author of a leading study on serial acquisitions focusing on the dialysis industry, discusses his observations and insights with Anora Wang and Derek Jackson. Listen to this episode to learn about the knowns and unknowns from...

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#335 Are You Ready To Respond? Developments in Competition Law Dawn Raids show art #335 Are You Ready To Respond? Developments in Competition Law Dawn Raids

Our Curious Amalgam

The "dawn raid" is one of the rare moments of high drama in the work of many competition lawyers. How can you be prepared when that early-morning phone call or text from a client comes? Ashley Latham, an antitrust and government investigations litigator with Linklaters LLP, joins Matthew Hall and Matt Reynolds for a discussion of current "dawn raid" trends in the U.S. and the European Union. Tune in to learn more about what questions to ask, what issues to raise, and what you can do to help clients prepare for when authorities come knocking. With special guest: Ashley Latham, Managing...

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#334 What’s the Word on Wage-Fixing? Cracking Down on Collusion Among Employers show art #334 What’s the Word on Wage-Fixing? Cracking Down on Collusion Among Employers

Our Curious Amalgam

The U.S. Department of Justice has made it clear that some agreements among competing employers regarding workers’ salaries or other terms of compensation--so-called “wage-fixing agreements”--may be subject to criminal prosecution. What kind of conduct falls within the scope of wage-fixing? In this episode, hosts Alicia Downey and Blair Matthews talk to Crowell & Moring partner and former senior DOJ prosecutor Ken Dintzer about the latest developments on the wage-fixing front, including the first criminal conviction for wage-fixing won at trial. Listen and learn what business...

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More Episodes

The use of monetary relief-- also called disgorgement-- historically was used by the FTC for deterrence and compensation of consumers. Now that the Supreme Court has ruled that the FTC lacks authority for disgorgement, what will the FTC do?

Lydia Parnes, a partner at Wilson, Sonsini, Goodrich & Rosati and former Director of the Bureau of Consumer Protection at the FTC, joins Elyse Dorsey and John Roberti to discuss the history and future of disgorgement remedies. Listen to this episode to learn more about how the FTC can and should use monetary relief to pursue its mission.

Related Links:

AMG CAPITAL MANAGEMENT, LLC, ET AL. v. FEDERAL TRADE COMMISSION

Lydia Parnes et. al., AMG v. FTC: U.S. Supreme Court Ends Key FTC Consumer Protection Enforcement Practice

Hosted by:

John Roberti, Allen & Overy LLP and Elyse Dorsey, George Mason University